Lawsuit against Sheriff's Office alleges wrongful arrest

Published: Thursday, February 14, 2013 at 4:29 p.m.

Last Modified: Thursday, February 14, 2013 at 4:29 p.m.

A Morriston woman has filed suit against the Marion County Sheriff's Office alleging that she was wrongfully arrested in 2009.

On Jan. 14, 2009, Lilia Belkova was accused of shooting at a man who had reportedly done some work for her, a sheriff's report said.

When the man came to Belkova's house to ask for the money owed to him, Belkova went into her house to retrieve a handgun and then shot a round into the dirt in the man's direction, the report said.

Later, two deputies dispatched to the house said they saw Belkova run into her house as she saw the deputies were driving up. Deputies noticed that Belkova had picked up a gun from her dresser and was apparently loading it.

When the deputies approached the front door to the residence, Belkova pointed the gun at them, the report said. After several commands from the deputies to drop the gun, Belkova slowly lowered the weapon and threw it toward the deputies.

She was arrested and initially held on two counts of aggravated assault on a law enforcement officer with a firearm. Belkova pleaded no contest to a lesser charge, misdemeanor assault, and was sentenced to 60 days in the Marion County Jail.

She received credit for the time she served in jail between her arrest in December 2009 and her release on bond.

In a lawsuit filed in federal court in Ocala, Belkova alleges that the arrest was unlawful and constituted "police misconduct, wrongful seizure of the lawfully owned revolver, civil rights violations and tort."

Belkova, who is representing herself in the lawsuit against the Sheriff's Office, alleges that the deputies sneaked up to her "country home" even though she was "not involved in any unlawful activity."

She said the deputies failed to exercise reasonable care and common sense and arrested her without probable cause.

Belkova also accuses the deputies of malicious intent and negligence, which caused her injuries. She is demanding a jury trial.

Belkova's attorney in the assault case against her was reached, but not available for comment. The Sheriff's Office did not return a call for comment.

<p>A Morriston woman has filed suit against the Marion County Sheriff's Office alleging that she was wrongfully arrested in 2009.</p><p>On Jan. 14, 2009, Lilia Belkova was accused of shooting at a man who had reportedly done some work for her, a sheriff's report said.</p><p>When the man came to Belkova's house to ask for the money owed to him, Belkova went into her house to retrieve a handgun and then shot a round into the dirt in the man's direction, the report said.</p><p>Later, two deputies dispatched to the house said they saw Belkova run into her house as she saw the deputies were driving up. Deputies noticed that Belkova had picked up a gun from her dresser and was apparently loading it.</p><p>When the deputies approached the front door to the residence, Belkova pointed the gun at them, the report said. After several commands from the deputies to drop the gun, Belkova slowly lowered the weapon and threw it toward the deputies.</p><p>She was arrested and initially held on two counts of aggravated assault on a law enforcement officer with a firearm. Belkova pleaded no contest to a lesser charge, misdemeanor assault, and was sentenced to 60 days in the Marion County Jail.</p><p>She received credit for the time she served in jail between her arrest in December 2009 and her release on bond.</p><p>In a lawsuit filed in federal court in Ocala, Belkova alleges that the arrest was unlawful and constituted "police misconduct, wrongful seizure of the lawfully owned revolver, civil rights violations and tort."</p><p>Belkova, who is representing herself in the lawsuit against the Sheriff's Office, alleges that the deputies sneaked up to her "country home" even though she was "not involved in any unlawful activity."</p><p>She said the deputies failed to exercise reasonable care and common sense and arrested her without probable cause.</p><p>Belkova also accuses the deputies of malicious intent and negligence, which caused her injuries. She is demanding a jury trial.</p><p>Belkova's attorney in the assault case against her was reached, but not available for comment. The Sheriff's Office did not return a call for comment.</p>